ZONING EXAMINER LEGISLATIVE PROCEDURE
Tucson Unified Development Code § 3.5.3
in effect3.5.3. ZONING EXAMINER LEGISLATIVE PROCEDURE
A. Applicability
The Zoning Examiner legislative process includes both Zoning Examiner review and Mayor and Council actions. The following applications are processed in accordance with the Zoning Examiner Legislative Procedure:
1. Original City
City
Same as City of Tucson.
zoning for newly annexed areas;
2. Amendments to the zoning of specific properties including changes in the zoning classifications (rezoning);
3. Rezonings to the Planned Area Development (PAD) zone
Zone
A specifically designated area within which uniform regulations govern the use, placement, spacing, and size of land and buildings. Examples include R-1 residential zone and overlay zones such as the Historic Preservation Zone. It is also referred to as a zoning district.
(see Section 3.5.5 for additional requirements);
4. Rezonings to the Planned Community District (PCD) (see Section 3.5.6 for additional requirements);
5. Rezoning of properties to establish an overlay zone
Zone
A specifically designated area within which uniform regulations govern the use, placement, spacing, and size of land and buildings. Examples include R-1 residential zone and overlay zones such as the Historic Preservation Zone. It is also referred to as a zoning district.
(e.g., Neighborhood Preservation Zone
Zone
A specifically designated area within which uniform regulations govern the use, placement, spacing, and size of land and buildings. Examples include R-1 residential zone and overlay zones such as the Historic Preservation Zone. It is also referred to as a zoning district.
and Urban Overlay District); and,
6. Certain special exceptions.
B. Pre-Application Conference Required
1. A pre-application conference with City
City
Same as City of Tucson.
staff is required in accordance with Section 3.2.1.
2. City
City
Same as City of Tucson.
staff will also make a preliminary determination of whether the proposal complies with the goals and policies of the General Plan
General Plan
A comprehensive declaration of purposes, policies, and programs to guide the growth and development of the City and its environs, addressing the following elements: land use; circulation; conservation and environmental planning; parks, recreation, open space, and trails; public buildings, services, and facilities; cultural heritage; housing; conservation, rehabilitation, and redevelopment; safety; human resources; government; economic development; community character and design; growth area and population; cost of development; and water resources.
and any applicable Specific Plan
Specific Plan
A detailed policy plan or regulation that implements the General Plan or any of the elements of that Plan. Specific plans include subregional, area, and neighborhood plans; the Major Streets and Routes (MS&R) Plan; the Unified Development Code (UDC); and any other similar plan.
, including Area and Neighborhood Plans. The applicant may request that the PDSD Director
Director
The chief executive officer of a City department.
provide the determination of plan compliance in writing prior to submittal of an application.
3. Review is on a conceptual basis, therefore, comments made at a pre-application conference are advisory and do not constitute approval or denial of the project
Project
A development, consisting of one or more contiguous lots, planned and constructed to function as a single entity, utilizing common or shared facilities, structures, parking, and vehicular and pedestrian access.
.
C. Neighborhood Meeting Required
1. The applicant shall offer to meet at a specified time and place to discuss the proposed project
Project
A development, consisting of one or more contiguous lots, planned and constructed to function as a single entity, utilizing common or shared facilities, structures, parking, and vehicular and pedestrian access.
in compliance with Section 3.2.2. For rezonings initiated by the Mayor and Council, a neighborhood meeting may be conducted as part of a broader public outreach process facilitated by the PDSD and other departments as needed.
2. For Concurrent Plan Amendment
Plan Amendment
A proposed change(s) to a plan previously adopted by Mayor and Council.
and Rezoning Applications, a representative of PDSD staff shall attend the Neighborhood Meeting to provide an overview of the Concurrent Plan Amendment
Plan Amendment
A proposed change(s) to a plan previously adopted by Mayor and Council.
and Rezoning process and the area and/or neighborhood plans affected.
3. Exception. For the designation or amendment to a Historic Preservation Zone
Zone
A specifically designated area within which uniform regulations govern the use, placement, spacing, and size of land and buildings. Examples include R-1 residential zone and overlay zones such as the Historic Preservation Zone. It is also referred to as a zoning district.
, the offer to meet shall be made no more than one year before the Zoning Examiner public hearing;
D. Application Requirements
1. General
See the Administrative Manual for application submittal requirements. Applications are reviewed for completeness in compliance with Section 3.2.3.A.
2. Initiation
A rezoning may be initiated by the property owner or the owner’s agent upon submittal of a written application to amend the zoning on the property. A rezoning may also be initiated by a majority vote of the Mayor and Council.
3. Plan Amendment
Plan Amendment
A proposed change(s) to a plan previously adopted by Mayor and Council.
Determination
Rezoning applications must be in conformance
Conformance
To be in agreement with; to comply with.
with adopted plan policies before a rezoning application may be accepted for processing. A determination of plan compliance shall be made in one of the following three ways.
Rezoning applications must be in conformance
Conformance
To be in agreement with; to comply with.
with adopted plan policies before a rezoning application may be accepted for processing; except for Concurrent Plan Amendment
Plan Amendment
A proposed change(s) to a plan previously adopted by Mayor and Council.
and Rezoning Applications, as provided in Section 3.5.3.D.3.d below. A determination of plan compliance shall be made in one of the following three ways.
a. Plan Compliance Determination
(1) Prior to submittal of a rezoning application, the PDSD Director
Director
The chief executive officer of a City department.
will provide the applicant with a preliminary determination of plan compliance at the pre-application conference.
(2) Prior to submittal of a rezoning application, the applicant may request in writing that the PDSD Director
Director
The chief executive officer of a City department.
provide a written determination of plan compliance.
b. Determination by the PDSD after Application for Rezoning
Upon submittal of an application for rezoning, the PDSD Director
Director
The chief executive officer of a City department.
shall provide a written determination of land use
Land Use
A description of the existing or proposed occupancy or utilization of land that include the principal use and accessory uses.
plan compliance to the applicant. If the proposal is found to comply with the applicable plans, the rezoning application is formally accepted. If the Director
Director
The chief executive officer of a City department.
determines a plan amendment
Plan Amendment
A proposed change(s) to a plan previously adopted by Mayor and Council.
is necessary, no further formal processing of the application may occur until the applicant requests a plan amendment
Plan Amendment
A proposed change(s) to a plan previously adopted by Mayor and Council.
in accordance with Section 3.6, Land Use
Land Use
A description of the existing or proposed occupancy or utilization of land that include the principal use and accessory uses.
Plan Adoption and Amendment Procedures. A written notice of decision shall be provided if it is determined that a plan amendment
Plan Amendment
A proposed change(s) to a plan previously adopted by Mayor and Council.
is required.
c. Appeal of Plan Amendment
Plan Amendment
A proposed change(s) to a plan previously adopted by Mayor and Council.
Determination
The PDSD Director
Director
The chief executive officer of a City department.
’s decision that a plan amendment
Plan Amendment
A proposed change(s) to a plan previously adopted by Mayor and Council.
is required may be appealed to the Mayor and Council. The appeal must be submitted in writing to the PDSD within ten days
Days
Days of the week, including Saturdays, Sundays, and holidays. To apply days to a review schedule, the day of the event or act from which the designated period of time begins shall not be included. The last day of the designated period shall be included, unless it is a Saturday, Sunday, or holiday, in which event the period runs to the end of the next day that is not a Saturday, Sunday, or holiday. When a designated period of time is less than ten days, intermediate Saturdays, Sundays, and holidays shall not be included. Holidays are those recognized by the City of Tucson.
of the effective date of the PDSD Director
Director
The chief executive officer of a City department.
’s decision. Appeals shall be processed in accordance with Section 3.9.2, Mayor and Council Appeal Procedure. An appeal stays all processing until the appeal is heard and decided.
d. Applicant's Option for Concurrent Plan Amendment and Rezoning Applications
In any instance where the PDSD Director
Director
The chief executive officer of a City department.
determines that a plan amendment
Plan Amendment
A proposed change(s) to a plan previously adopted by Mayor and Council.
is necessary for a rezoning application to proceed, the applicant may elect to proceed with concurrent applications for a plan amendment
Plan Amendment
A proposed change(s) to a plan previously adopted by Mayor and Council.
and rezoning. An applicant who elects to proceed with concurrent plan amendment
Plan Amendment
A proposed change(s) to a plan previously adopted by Mayor and Council.
and rezoning applications shall submit documentation to PDSD of the intent to utilize this option prior to the required combined Neighborhood Meeting, and is responsible for all fees associated with each process, and the applications are subject to all of the requirements of each process, unless stated otherwise. An applicant who elects to proceed with concurrent applications is deemed to acknowledge that the rezoning application cannot be approved unless the plan amendment
Plan Amendment
A proposed change(s) to a plan previously adopted by Mayor and Council.
application is approved; and that approval of the plan amendment
Plan Amendment
A proposed change(s) to a plan previously adopted by Mayor and Council.
application does not guarantee approval of the rezoning application, which is a separate legislative decision.
4. Staff will determine whether a zoning application is administratively complete within 30 days after receiving an application.
a. If the application is not administratively complete, staff will provide notice to the applicant, either in writing or electronically, including a comprehensive list of the specific deficiencies.
b. An application will not be deemed administratively complete until all requested information has been received by the City.
c. Staff will determine if a re-submitted application is complete within 15 days of resubmittal. The City will follow the procedures prescribed in A.R.S. 9-835(E), until the incomplete application is deemed administratively complete. An application will be considered withdrawn, if by 15 days after the date of the notice of deficiencies in subsection a. above or any subsequent notice of deficiencies, the applicant does not supply the documentation or information requested or an explanation of why the information cannot be provided within the 15 days.
d. The above requirements do not apply to land that is designated as a Historic Landmark, Historic Preservation Zone, an area that is designated as historic on the National Register of Historic Places, or Planned Area Developments.
E. Notice of Application
Notice is required as follows:
1. Mailed Notice
a. Notice must be sent to those individuals and neighborhood associations
Neighborhood Association
A neighborhood association registered with the City.
in accordance with Section 3.2.4.B.6. Notice shall also be sent to all parties of record on a previous hearing on the same application.
b. See Section 3.2.4.B.3 for the mailed notice’s content requirements.
2. Posted Notice
Notice shall be posted on the subject site
Site
The land area consisting of a portion of a lot, an entire lot, or contiguous lots, not including dedicated public property, designated for development as a single entity.
in accordance with Section 3.2.4.F, Posted Notice.
F. Review
Review is conducted by the PDSD staff and other agencies, committees or advisory boards as required by the UDC
Unified Development Code (UDC)
Chapter 23B of the Tucson Code as adopted by the Mayor and Council establishing zoning regulations governing the use, placement, spacing, and size of land and structures within the corporate limits of the City. Such regulations are applied on individual properties through the use of zoning districts. The boundaries of these districts are depicted on the adopted City Zoning Maps. For the purposes of convenience and ease of use, the UDC is also published as a separate book from the Tucson Code.
and as may be deemed appropriate by the PDSD Director
Director
The chief executive officer of a City department.
.
G. Changes to the Rezoning Application
If the applicant proposes changes to the rezoning application, including any supporting materials, after the application has been accepted for processing, the PDSD Director
Director
The chief executive officer of a City department.
shall determine whether or not the proposed changes are significant enough to require additional staff or agency review.
1. If the changes require additional review, the changes may be accepted only if the revised application is submitted prior to the legal advertisement and public notification of the public hearing and the changes are accompanied by the applicant’s written consent to begin anew the process from the date of submittal of the revised application.
2. Upon submitting a significant change to the rezoning application, the applicant shall also submit a signed letter waiving the 70-day public hearing requirement to allow for proper staff evaluation of the new information.
3. Once the public hearing has been advertised, any request to delay the public hearing or to change the application must be submitted to the Zoning Examiner for determination. If the public hearing is delayed, the applicant shall remit to the City
City
Same as City of Tucson.
an additional rezoning public notice label fee to provide mailed notice to neighbors of canceled public hearing and the rescheduled public hearing date), and an additional public hearing legal advertisement fee. If the rescheduled public hearing date cannot be determined when the notice of cancellation is mailed to neighbors, a second public hearing notice label fee must be paid by the applicant to provide the required notice to the neighboring property owners.
H. Planning and Development Services Department (PDSD) Recommendation
After City
City
Same as City of Tucson.
departments and public service agencies have reviewed and provided comment on the application, a staff report is prepared by the PDSD. The report is distributed to the Zoning Examiner and the principals named in the application. Owners of property located within 400 feet of the rezoning site
Site
The land area consisting of a portion of a lot, an entire lot, or contiguous lots, not including dedicated public property, designated for development as a single entity.
are notified of the public hearing and provided a web link to the staff report and other materials associated with the case. The staff report and the notice of public hearing are made available to the public at least 15 days
Days
Days of the week, including Saturdays, Sundays, and holidays. To apply days to a review schedule, the day of the event or act from which the designated period of time begins shall not be included. The last day of the designated period shall be included, unless it is a Saturday, Sunday, or holiday, in which event the period runs to the end of the next day that is not a Saturday, Sunday, or holiday. When a designated period of time is less than ten days, intermediate Saturdays, Sundays, and holidays shall not be included. Holidays are those recognized by the City of Tucson.
prior to the public hearing.
I. Public Hearing
1. Applications reviewed under this procedure are considered by the Zoning Examiner at a public hearing(s) for recommendation to the Mayor and Council.
2. Original City
City
Same as City of Tucson.
Zoning
Upon the effective date of annexation of property into the City
City
Same as City of Tucson.
, the City
City
Same as City of Tucson.
may adopt original City
City
Same as City of Tucson.
zoning or may continue the existing county
County
Same as Pima County, Arizona.
zoning for a period not to exceed six months. The original City
City
Same as City of Tucson.
zoning shall only be initiated by the Mayor and Council. Notice of initiation must be provided in conformance
Conformance
To be in agreement with; to comply with.
with A.R.S. § 9-462.04.A and the notice requirements of Section 3.2.4. A case that establishes original City
City
Same as City of Tucson.
zoning may be initiated any time after the filing of a blank petition for annexation of the subject property with the office of the Pima County Recorder in accordance with state
State
Same as the State of Arizona.
law.
3. Zoning Examiner Public Hearing
The Zoning Examiner shall hold a public hearing on behalf of the Mayor and Council on applications for a change of zoning and on applications for Mayor and Council Special Exception Land Uses in accordance with the Zoning Examiner's Rules and Procedures and as provided below. The public hearing procedures set forth in this section is used for both types of applications. The public hearing must be held within 70 days
Days
Days of the week, including Saturdays, Sundays, and holidays. To apply days to a review schedule, the day of the event or act from which the designated period of time begins shall not be included. The last day of the designated period shall be included, unless it is a Saturday, Sunday, or holiday, in which event the period runs to the end of the next day that is not a Saturday, Sunday, or holiday. When a designated period of time is less than ten days, intermediate Saturdays, Sundays, and holidays shall not be included. Holidays are those recognized by the City of Tucson.
of acceptance of the application, except for applications for original City
City
Same as City of Tucson.
zoning. For Concurrent Plan Amendment
Plan Amendment
A proposed change(s) to a plan previously adopted by Mayor and Council.
and Rezoning applications the public hearing must be held within 180 days of acceptance of the application.
a. Conduct of the Public Hearing
(1) The Zoning Examiner is empowered to obtain information from all parties and interested persons
Person
Any individual as well as any firm, corporation, partnership, company, or any other form of multiple organization for the carrying on of business.
, including public agencies, prior to the public hearing, provided all requests for information are in writing and the request and information are included as part of the public record. The Zoning Examiner also has the authority, after the close of the public hearing, to obtain additional information or clarification of information that has been presented. Any such request shall be in writing and the request and response shall be included as part of the record or report to the Mayor and Council. The Zoning Examiner may close the public hearing, or may continue the hearing to a specified date, time and place. However, a continuance may not be for more than 30 days
Days
Days of the week, including Saturdays, Sundays, and holidays. To apply days to a review schedule, the day of the event or act from which the designated period of time begins shall not be included. The last day of the designated period shall be included, unless it is a Saturday, Sunday, or holiday, in which event the period runs to the end of the next day that is not a Saturday, Sunday, or holiday. When a designated period of time is less than ten days, intermediate Saturdays, Sundays, and holidays shall not be included. Holidays are those recognized by the City of Tucson.
.
(2) Except as permitted in subsection (1) above, the Zoning Examiner shall not communicate, directly or indirectly, with any party
Party
As applicable to a public review process, means any of the following:
• Applicant;
• All owners of record of property within the property owners notification area specified by the applicable development process and any tenants residing on such property;
• The City, including applicable Ward offices; or,
• Any person, organization, group, or governmental entity which demonstrates to the hearing body a substantial interest in the matter before it or receives a particular and direct impact which is distinguishable from the effects or impacts upon the general public.
, any party
Party
As applicable to a public review process, means any of the following:
• Applicant;
• All owners of record of property within the property owners notification area specified by the applicable development process and any tenants residing on such property;
• The City, including applicable Ward offices; or,
• Any person, organization, group, or governmental entity which demonstrates to the hearing body a substantial interest in the matter before it or receives a particular and direct impact which is distinguishable from the effects or impacts upon the general public.
’s representative or any interested person
Person
Any individual as well as any firm, corporation, partnership, company, or any other form of multiple organization for the carrying on of business.
in connection with any issue involved with a particular request, except upon notice and opportunity for all parties to participate, or, use, or rely upon any communication, report, staff memorandum, or other material prepared in connection with the particular case, unless it is made part of the record. Any and all written information received by the Zoning Examiner in the case must be made a part of the record. The Zoning Examiner may inspect the site
Site
The land area consisting of a portion of a lot, an entire lot, or contiguous lots, not including dedicated public property, designated for development as a single entity.
provided all parties are given an opportunity to be present.
b. Zoning Examiner’s Preliminary Recommendation
The Zoning Examiner shall issue a report with preliminary findings and a preliminary recommendation within five days
Days
Days of the week, including Saturdays, Sundays, and holidays. To apply days to a review schedule, the day of the event or act from which the designated period of time begins shall not be included. The last day of the designated period shall be included, unless it is a Saturday, Sunday, or holiday, in which event the period runs to the end of the next day that is not a Saturday, Sunday, or holiday. When a designated period of time is less than ten days, intermediate Saturdays, Sundays, and holidays shall not be included. Holidays are those recognized by the City of Tucson.
after the close of a hearing. The preliminary recommendation is provided to the applicant, the PDSD Director
Director
The chief executive officer of a City department.
and to any person
Person
Any individual as well as any firm, corporation, partnership, company, or any other form of multiple organization for the carrying on of business.
who has requested a copy of the preliminary recommendation.
c. Reconsideration
Any party of record
Party of Record
The applicant, all persons who received notice of the application during a review process, all persons who provided a written statement of an interest in the project prior to the issuance of a decision, and all persons who gave testimony at a public hearing.
may request that the preliminary recommendation be reconsidered or that the public hearing be reopened if there are errors of fact or procedure. The request shall state
State
Same as the State of Arizona.
the alleged errors of fact or procedure and must be submitted to the Zoning Examiner within five days
Days
Days of the week, including Saturdays, Sundays, and holidays. To apply days to a review schedule, the day of the event or act from which the designated period of time begins shall not be included. The last day of the designated period shall be included, unless it is a Saturday, Sunday, or holiday, in which event the period runs to the end of the next day that is not a Saturday, Sunday, or holiday. When a designated period of time is less than ten days, intermediate Saturdays, Sundays, and holidays shall not be included. Holidays are those recognized by the City of Tucson.
after the date of the preliminary recommendation. The Zoning Examiner must take action on the request within five days
Days
Days of the week, including Saturdays, Sundays, and holidays. To apply days to a review schedule, the day of the event or act from which the designated period of time begins shall not be included. The last day of the designated period shall be included, unless it is a Saturday, Sunday, or holiday, in which event the period runs to the end of the next day that is not a Saturday, Sunday, or holiday. When a designated period of time is less than ten days, intermediate Saturdays, Sundays, and holidays shall not be included. Holidays are those recognized by the City of Tucson.
following the receipt of a request for reconsideration. Action on the request includes revising the preliminary recommendation, reopening the public hearing, or denying the request.
d. Final Recommendation
Within 14 days
Days
Days of the week, including Saturdays, Sundays, and holidays. To apply days to a review schedule, the day of the event or act from which the designated period of time begins shall not be included. The last day of the designated period shall be included, unless it is a Saturday, Sunday, or holiday, in which event the period runs to the end of the next day that is not a Saturday, Sunday, or holiday. When a designated period of time is less than ten days, intermediate Saturdays, Sundays, and holidays shall not be included. Holidays are those recognized by the City of Tucson.
(or 19 days if a reconsideration of the preliminary recommendation is requested in accordance with Section 3.5.3.J.3.c) following the close of the public hearing or the re-opened public hearing, the Zoning Examiner shall issue and transmit a final recommendation to the Mayor and Council for final action. If the Zoning Examiner determines that minor corrections to the preliminary recommendation are appropriate in response to a request for reconsideration, such corrections may be incorporated into the final recommendation without further proceedings. No further requests for reconsideration are permitted. If the Zoning Examiner determines that a significant change to the preliminary recommendation is appropriate, the public hearing must be reopened with notice provided to all persons
Person
Any individual as well as any firm, corporation, partnership, company, or any other form of multiple organization for the carrying on of business.
who received the previous preliminary recommendation.
e. Reopening of the Public Hearing
If the public hearing is reopened, the new hearing must be held within 40 days
Days
Days of the week, including Saturdays, Sundays, and holidays. To apply days to a review schedule, the day of the event or act from which the designated period of time begins shall not be included. The last day of the designated period shall be included, unless it is a Saturday, Sunday, or holiday, in which event the period runs to the end of the next day that is not a Saturday, Sunday, or holiday. When a designated period of time is less than ten days, intermediate Saturdays, Sundays, and holidays shall not be included. Holidays are those recognized by the City of Tucson.
of the close of the last public hearing. Notice of the reopened hearing is the same as the notice for the original public hearing. If the public hearing is reopened at the request of a party
Party
As applicable to a public review process, means any of the following:
• Applicant;
• All owners of record of property within the property owners notification area specified by the applicable development process and any tenants residing on such property;
• The City, including applicable Ward offices; or,
• Any person, organization, group, or governmental entity which demonstrates to the hearing body a substantial interest in the matter before it or receives a particular and direct impact which is distinguishable from the effects or impacts upon the general public.
, or to consider new information from a party
Party
As applicable to a public review process, means any of the following:
• Applicant;
• All owners of record of property within the property owners notification area specified by the applicable development process and any tenants residing on such property;
• The City, including applicable Ward offices; or,
• Any person, organization, group, or governmental entity which demonstrates to the hearing body a substantial interest in the matter before it or receives a particular and direct impact which is distinguishable from the effects or impacts upon the general public.
, the Zoning Examiner may require that the party
Party
As applicable to a public review process, means any of the following:
• Applicant;
• All owners of record of property within the property owners notification area specified by the applicable development process and any tenants residing on such property;
• The City, including applicable Ward offices; or,
• Any person, organization, group, or governmental entity which demonstrates to the hearing body a substantial interest in the matter before it or receives a particular and direct impact which is distinguishable from the effects or impacts upon the general public.
pay the costs for the re-opened public hearing. At the conclusion of the reopened hearing, the issuance of a preliminary recommendation, the time period for reconsideration, the issuance of a final recommendation and the time periods for each shall be the same as for the original hearing.
f. Mayor and Council Public Hearing Request
Any person
Person
Any individual as well as any firm, corporation, partnership, company, or any other form of multiple organization for the carrying on of business.
may request that the application be heard at a public hearing before the Mayor and Council if the request is filed with the City Clerk within 14 days
Days
Days of the week, including Saturdays, Sundays, and holidays. To apply days to a review schedule, the day of the event or act from which the designated period of time begins shall not be included. The last day of the designated period shall be included, unless it is a Saturday, Sunday, or holiday, in which event the period runs to the end of the next day that is not a Saturday, Sunday, or holiday. When a designated period of time is less than ten days, intermediate Saturdays, Sundays, and holidays shall not be included. Holidays are those recognized by the City of Tucson.
after the date of the Zoning Examiner’s public hearing or reconsideration public hearing. The Mayor and Council may also decide to conduct a public hearing without a specific request. If a public hearing is requested, notice must be provided in the same manner as the notice provided for the Zoning Examiner’s public hearing.
J. Mayor and Council Action
1. Mayor and Council Public Hearing Request
Any person
Person
Any individual as well as any firm, corporation, partnership, company, or any other form of multiple organization for the carrying on of business.
may request that the application be heard at a public hearing before the Mayor and Council if the request is filed with the City Clerk within 14 days
Days
Days of the week, including Saturdays, Sundays, and holidays. To apply days to a review schedule, the day of the event or act from which the designated period of time begins shall not be included. The last day of the designated period shall be included, unless it is a Saturday, Sunday, or holiday, in which event the period runs to the end of the next day that is not a Saturday, Sunday, or holiday. When a designated period of time is less than ten days, intermediate Saturdays, Sundays, and holidays shall not be included. Holidays are those recognized by the City of Tucson.
after the date of the Zoning Examiner’s public hearing or reconsideration public hearing. The Mayor and Council may also decide to conduct a public hearing. If a public hearing is requested, notice must be provided in the same manner as the notice provided for the Zoning Examiner’s public hearing.
2. Authorization for Change of Zoning (Rezoning)
Where a change in zoning is requested based upon a preliminary site plan
Site Plan
A drawing of a project site that provides detailed information that shows how a proposed project will be developed in compliance with City regulations and other applicable regulations as required by outside review agencies involved in development review.
, the Mayor and Council may make a preliminary determination to authorize the applicant to proceed with the case.
a. Authorization for the Application to Proceed
A vote by the Mayor and Council to authorize a change of zoning case constitutes authorization for the applicant to proceed, subject to the applicant’s subsequent demonstration of compliance with any special conditions that may have been established by the Mayor and Council. Unless the Mayor and Council state a shorter time period, the applicant must complete all conditions of approval within five years from the date the request is authorized.
b. Discretion of the Mayor and Council
An authorization for a change of zoning is preliminary and does not in any way limit the legislative discretion of the Mayor and Council to determine whether or not to adopt a change of zoning ordinance or to add conditions thereto at the time an ordinance is presented for adoption. Authorization does not establish any vested right to the authorized zoning prior to ordinance adoption.
3. Direct Ordinance Adoption
Where a change of zoning application includes a site plan
Site Plan
A drawing of a project site that provides detailed information that shows how a proposed project will be developed in compliance with City regulations and other applicable regulations as required by outside review agencies involved in development review.
or a proposed plat
Plat
A map of a subdivision. The term “plat” includes:
A. Block Plat
A map of a subdivision that consists of ten or fewer lots the size of which are in conformance with the applicable zoning requirements for lot size.
B. Tentative Plat
A graphic representation of a proposed subdivision, including supporting data, designed and prepared in accordance with the subdivision provisions of this Article, any other local applicable regulation, and state statute. A tentative plat is the same as a preliminary plat as defined in state statute.
C. Final Plat
A survey document suitable for recordation of all or part of a subdivision substantially conforming to an approved tentative plat, if a tentative plat is required, prepared in accordance with the subdivision provisions of this Article, any other local applicable regulation, and state statute.
D. Recorded Plat
A fully executed final plat, bearing all required signatures and certificates of approval, that has been recorded in the Pima County Recorder’s Office.
that provides sufficient specific details to demonstrate compliance with all conditions that may be required by the Mayor and Council and is in compliance with this Section, the application may proceed from staff review to Mayor and Council ordinance adoption without a separate Mayor and Council authorization to proceed with the application.
a. Mayor and Council Actions
The Mayor and Council shall consider the change of zoning application, the Zoning Examiner’s recommendation, and the City Manager’s recommendation in a public meeting or a public hearing. The Mayor and Council may authorize the case to proceed; may modify, delete or add to the proposed conditions for approval; may remand the case to the Zoning Examiner for further proceedings; may adopt an ordinance changing the zoning, deny the application; or may take other appropriate action.
b. Davis Monthan AEZ Comments
If Davis Monthan Air Force Base submits comments to the City
City
Same as City of Tucson.
on any application concerning the compatibility
Compatibility/Compatible
Visual consistency of development by mirroring prevailing dimensions, spatial relationships, and architectural and design characteristics of the neighborhood overall and the Contributing Properties within the Development Zone. The term “compatible” does not mean “repetition or copy of” or “identical to” existing structures within the neighborhood. Compatibility is achieved when a development is designed in a manner that blends in with the character of structures in the Development Zone.
of the proposed rezoning with the high-noise, accident potential zone
Zone
A specifically designated area within which uniform regulations govern the use, placement, spacing, and size of land and buildings. Examples include R-1 residential zone and overlay zones such as the Historic Preservation Zone. It is also referred to as a zoning district.
, or approach-departure corridor
Approach Departure Corridor One (ADC-1)
A specifically designated area located within 12,000 feet from the northwest end of the runways at Davis Monthan Air Force Base where land use is susceptible to a degree of risk of aircraft accident potential.
Approach Departure Corridor Two (ADC-2)
A specifically designated area located from 1,2001 to 30,000 feet from the southeastern end of runways at Davis-Monthan Air Force Base where land use is susceptible to a degree of risk of aircraft accident potential.
Approach Departure Corridor Three (ADC-3)
A specifically designated area located from 30,001 to 50,200 feet at the southeastern end of runways at Davis-Monthan Air Force Base where land use is susceptible to a degree of risk of aircraft accident potential, less than in the ADC-1or ADC-2 zones.
that may have an adverse impact on the operation of the base or upon public health and safety, a public hearing shall be held to consider these and other comments per requirements of the A.R.S.
4. Mayor and Council Adoption of the Change of Zoning
a. If an application substantially demonstrates compliance with the conditions for a change of zoning, staff shall prepare an ordinance to be submitted to the Mayor and Council for adoption enacting the change in zoning.
b. For a project
Project
A development, consisting of one or more contiguous lots, planned and constructed to function as a single entity, utilizing common or shared facilities, structures, parking, and vehicular and pedestrian access.
that is to be completed in phases, the Mayor and Council may adopt a separate ordinance for each phase of the project
Project
A development, consisting of one or more contiguous lots, planned and constructed to function as a single entity, utilizing common or shared facilities, structures, parking, and vehicular and pedestrian access.
, but only if each phase submitted for approval can meet all required conditions and codes without reliance on future phases.
5. Voting Requirements for Adoption of Ordinance
Ordinance adoption of a change of zoning is granted by a simple majority vote of the governing body unless the requirements of A.R.S. 9-462.04(H) are met. If the requirements of A.R.S. 9-462.04(H) are met, then a three-fourths vote of the governing body is required for adoption of the ordinance.
a. The entire area of the lot
Lot
A tract of land bounded on all sides by property lines, of sufficient size to meet minimum zoning standards, with legal access to a public street.
or lots
Lot
A tract of land bounded on all sides by property lines, of sufficient size to meet minimum zoning standards, with legal access to a public street.
within the subject site
Site
The land area consisting of a portion of a lot, an entire lot, or contiguous lots, not including dedicated public property, designated for development as a single entity.
; or,
b. Property in any one of the following quadrants: north, south, east, west, that is located within 150 feet of the rezoning site
Site
The land area consisting of a portion of a lot, an entire lot, or contiguous lots, not including dedicated public property, designated for development as a single entity.
, excluding public right-of-way
Right-of-Way
An area reserved for a public or private use, such as, but not limited to, street or alley rights-of-way and utility easements.
abutting
Abutting
Having a common boundary. Parcels or lots having only a common corner are not considered abutting.
the subject site
Site
The land area consisting of a portion of a lot, an entire lot, or contiguous lots, not including dedicated public property, designated for development as a single entity.
.
c. Mayor and Council Action Timeline
(1) The Mayor and Council shall approve or deny the application within 180 days of the determination that the application is administratively complete.
(2) For extenuating circumstances, the PDSD Director may grant a onetime extension of not more than 30 days.
(3) If an applicant requests an extension, the PDSD Director may grant extensions of 30 days for each extension granted.
(4) The requirements of subsections (1), (2) and (3) above do not apply to land that is designated as a Historic Landmark, Historic Preservation Zone, an area that is designated as historic on the National Register of Historic Places, or Planned Area Developments.
6. Ordinance Effective Date
Ordinances granting changes in zoning are, by state
State
Same as the State of Arizona.
statute, subject to referendum and shall not become effective until 30 days
Days
Days of the week, including Saturdays, Sundays, and holidays. To apply days to a review schedule, the day of the event or act from which the designated period of time begins shall not be included. The last day of the designated period shall be included, unless it is a Saturday, Sunday, or holiday, in which event the period runs to the end of the next day that is not a Saturday, Sunday, or holiday. When a designated period of time is less than ten days, intermediate Saturdays, Sundays, and holidays shall not be included. Holidays are those recognized by the City of Tucson.
after the date of adoption or the date the final ordinance is available from the City Clerk, whichever is later. The effective date of the ordinance is not necessarily the effective date of the change of the zoning (rezoning). The effective date of the change of zoning is when compliance with conditions of approval is completed and certified by the PDSD Director
Director
The chief executive officer of a City department.
. No permits or development
Development
Any human alteration to the state of land, including its vegetation, soil, geology, or hydrology, for any residential, commercial, industrial, utility, or other use, such as, but not limited to, clearing, grubbing, or grading of land, and structural improvements, e.g., buildings, walls, fences, signs, and vehicular use areas.
approvals may be granted that are in furtherance of the rezoning request until the 30 days
Days
Days of the week, including Saturdays, Sundays, and holidays. To apply days to a review schedule, the day of the event or act from which the designated period of time begins shall not be included. The last day of the designated period shall be included, unless it is a Saturday, Sunday, or holiday, in which event the period runs to the end of the next day that is not a Saturday, Sunday, or holiday. When a designated period of time is less than ten days, intermediate Saturdays, Sundays, and holidays shall not be included. Holidays are those recognized by the City of Tucson.
have lapsed and the conditions of rezoning have been met.
7. Reconsideration
A member of the Mayor and Council may request the reconsideration of an authorization decision or decision on a proposed ordinance provided the vote to reconsider is made within 30 days
Days
Days of the week, including Saturdays, Sundays, and holidays. To apply days to a review schedule, the day of the event or act from which the designated period of time begins shall not be included. The last day of the designated period shall be included, unless it is a Saturday, Sunday, or holiday, in which event the period runs to the end of the next day that is not a Saturday, Sunday, or holiday. When a designated period of time is less than ten days, intermediate Saturdays, Sundays, and holidays shall not be included. Holidays are those recognized by the City of Tucson.
of the date of decision. A hearing for reconsideration will be scheduled upon a majority vote in favor of the reconsideration. If the reconsideration occurs after the meeting when the decision is initially made, then public notice of the reconsideration must be given in the same manner as for the initial decision.
(Am. Ord. 11070, 5/14/2013; Am. Ord. 11127, 11/6/2013; Am. Ord. 11729, 2/19/2020; Am. Ord. 11732, 2/19/2020; Am. Ord. 12131, 10/22/2024)
Source: City of Tucson, Tucson Code (Charter and General Ordinances) and Unified Development Code (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/tucson/latest/tucson_az_udc/0-0-0-1115Fetched: 10/28/2026